pixevety's Terms and Conditions | pixevety Photo Management

Terms & Privacy

pixevety Terms and Conditions

Welcome to pixevety, an all-in-one web and mobile accessible photo storage, management and sharing platform.

The pixevety website and any associated apps (Platform) and services that we provide through the Platform (Services) are operated by pixevety Pty Ltd ACN 160 684 677 (pixevety, we, our or us).

Your access to and use of the Platform and Services is subject to these terms and conditions and the pixevety Privacy Policy (Terms).

If you do not agree to the Terms, you must not use the Platform or the Services. If you access the Services on behalf of a company or other entity, you warrant that you are an authorised representative of such company or entity with the right to bind such company or entity to these Terms.

We may change or update the Terms from time to time at our sole and absolute discretion with or without prior notice to you, provided they do not materially affect your access to the Platform or use of the Services. Such modifications will be effective immediately and incorporated into these Terms. Your continued use of the Platform will be deemed to be your acceptance of the modified Terms.

  1. Platform and Services
    1. pixevety provides a Platform where:
      1. individuals or organisations can create accounts (Account Holders);
      2. Account Holders can organise photographic and electronic media content (Content) in their galleries into folders and albums (Galleries)

      to collect, organise, edit, store, share, buy and sell Content in a private and secure environment, and pixevety will only deal with your Content for this limited purpose.

    2. The Platform also allows you, as an Account Holder, to:
      1. invite other Account Holders and non-account holders to connect to your Gallery, however, before accepting the invitation non-account holders must become Account Holders;
      2. receive and accept requests from other Account Holders for connection in order to gain access to your Gallery,

      in each case, the other Account Holder is known as a Connection to your Gallery once such access to your Gallery has been granted by you.

    3. Where you are an Account Holder who is an administrator for a Gallery with access to gallery management tools, you may:
      1. assign different roles and permissions (Roles) to those Connections, such as
        1. gallery administrator;
        2. gallery manager;
        3. contributor; and
        4. viewer;
      2. grant different access rights (Access Rights) to the Connection, such as;
        1. viewing of Content;
        2. viewing tags associated with Content;
        3. printing Content;
        4. purchasing, transferring or otherwise acquiring your Content for their Gallery;
        5. downloading Content off the Platform; and/or
        6. sale or purchase of Content; and
      3. place different restrictions (Restrictions) on use, publication or sharing of Content, such as:
        1. printing in publications;
        2. on-line publishing;
        3. publishing on social media;
        4. use of Content for marketing; and
        5. Content that is for sale/has been purchased.
    4. Access and use of the Platform’s basic functionality is free, however, Account Holders can access additional functionality (Subscription Services) by purchasing a paid plan (Subscription Plan) and then scaling that plan by purchasing add-ons. If you are an individual Account Holder, some of the Subscription Plans may not be available to you as these are designed for Account Holders accessing the Subscription Services on behalf of an organisation. Please click here to see the Subscription Plans offered by pixevety.
  2. Your Account
    1. You must create a pixevety account (Account) using an email address and such other identification as pixevety may reasonably request from time to time.
    2. You will be required to supply a valid e-mail address and create a password to access and use the Platform. You must not disclose your password or login details to any third party. You must contact us immediately at privacy@pixevety.com if you believe that your login details have been compromised or disclosed to a third party. You are solely responsible for any use of your login and password details.
    3. The Services may include tools to help us verify your identity (Verification Tools). Verification Tools may include mobile phone verification technology, verification of payment information, or any other two-factor verification technology. The verification Tools may be modified at any time.
    4. If you are between the ages of 13 and 16, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are under 13, please do not use this Platform or the Services.
  3. Content
    1. Any Content that you submit to the Platform is owned by you (or your licensors), and we will only deal with such Content in accordance with your specific instructions. If we engage any subcontractor to provide some or all of the Services, we will ensure that they will deal with the Content solely in accordance with your instructions.
    2. You acknowledge and agree that we are providing a cloud platform service, and your use of our Service is a use by you of your Content rather than a disclosure of that Content by you to us.
    3. By setting access controls, you will control who can access your Content, for what purposes, and under what circumstances.
    4. Depending on the access rights and restrictions you place on your Content, Content that you upload to the Platform may be accessed, used, downloaded, indexed, archived, linked to, printed, or republished by your Connections.
    5. pixevety provides the tools to control access or restrict how Content is used within its Platform and cannot be held responsible for the consequences of misuse of Content by a Connection, such as when the Content is downloaded off, or otherwise removed from, the Platform.
    6. We take reasonable steps to ensure the security of your Content, however, pixevety cannot prevent, nor is pixevety liable for, Connections taking unauthorised screen shots of your Content or using other image capturing tools.
    7. As pixevety provides the tool to manage Content but does not own or control any Content, we cannot and do not warrant, verify or guarantee the quality, accuracy, content, safety or integrity of any Content on the Platform.
    8. Where requested by you, and offered as part of your Subscription Services, the Services may include the use of tools to help you and your Connections to identify individuals appearing in photographs, such as geo-location tagging, and facial recognition. We cannot ensure, and are not liable for, the accuracy of geo-location tagging and/or facial recognition tools.
  4. Your Use
    1. As a condition of your use of the Platform and Services, you promise that:
      1. you will use the Platform and the Services only in accordance with these Terms;
      2. you will comply with all applicable laws;
      3. you are solely responsible for any Content that you upload to the Platform;
      4. you either own or have all necessary rights to post Content to the Platform; and
      5. any information that you provide is accurate and complete, and will not be misleading, deceptive or likely to mislead or deceive.
    2. When using the Platform and the Services, you must not, and must not permit, or direct any other third party to:
      1. pretend to be someone else;
      2. do anything unlawful or illegal;
      3. provide any Content that:
        1. is false, inaccurate, unauthorised, fraudulent, threatening, defamatory, libellous, obscene, indecent, inappropriate, harmful, abusive, racist, inflammatory, or pornographic;
        2. infringes any third party’s rights (such as intellectual property, privacy, publicity or contractual rights);
        3. contains any harmful components such as viruses, trap doors, hidden sequences, hotkeys, or time bombs;
        4. could give rise to civil or criminal proceedings;
        5. reveals anyone’s identification documents or sensitive financial information;
      4. restrict anyone else from using the Services or the Platform;
      5. stalk, bully, intimidate or harass any user of the platform;
      6. upload or transmit any virus or other disabling feature;
      7. interfere with, disrupt, or create an undue burden on the Platform or any associated systems;
      8. frame or mirror any part of the Platform, or engage in any screen scraping or data acquisition or consolidation, without our prior written approval;
      9. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so; or
      10. use or attempt to use any engines, software, tools, or other mechanisms (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the commonly recognised search engine and agents, and other than generally available third party web browsers.
  5. Access and Restrictions
    1. Account Holders who have access to our administration module (Gallery Administration Module) may use gallery management tools (Gallery Management Tools) to:
      1. organise Content into Galleries;
      2. add individuals to their Galleries that they intend to identify in their Galleries (Members) and link them to folders;
      3. allocate individuals authorised to manage Access Rights and Restrictions on that Member’s behalf (Authoriser), who may or may not be a Connection;
      4. allocate an Authoriser to manage media usage and consent on behalf of the Member (Primary Care Giver) or alternatively to select the Member themselves as the Authoriser;
      5. where applicable, match new Connections with Connections approved in advance by the Gallery Administrator (Pre-Approved Connections); and
      6. assign different Roles to their Connections and Pre-Approved Connections.
    2. For the avoidance of doubt, these Terms apply to each person who accesses the Platform, regardless of their method of access, their role, and whether or not they are an Account Holder, Member, or Connection. Without limitation, if you are an organisation it is your responsibility to ensure that your administrator and/or manager is aware of and complies with these Terms.
    3. pixevety provides security options and privacy settings which you can use to manage the security of your Content (Security Management Tools) if you have access to the Gallery Administration Module. This includes:
      1. the ability to designate your Gallery as public or private;
      2. the ability to allow other Account Holders to connect to your Gallery as set out in clause 1.2 above;
      3. the ability to grant Access Rights; and
      4. the ability to place Restrictions on Content.
    4. If you are invited to access another Account Holder’s Gallery, that Account Holder may have a media policy in place. A media policy governs how that Account Holder intends to use Content in their Gallery. You will be provided with notice of that Account Holder’s media policy when you first access their Gallery. If you contribute Content to another Account Holder’s Gallery or you wish to access that Content, you must read and consent to that Account Holder’s media policy, which includes how Content that you contributed to that Gallery may be used.
    5. Account Holders accessing our Services on behalf of an organisation may access an additional Content setting feature (the Consent Management Module). If you turn on your Account’s Consent Management Module, other Connections who are Authorisers will be able to indicate how they would like Content that contains a Member’s image(s) to be used by that Account Holder and other users (including Connections) of that Gallery. This consent may be applied to an individual image or video, or to all images or videos which feature the Member.
    6. You must comply with any applicable Access Rights and any applicable Restrictions, as well as any wishes of another Account Holder, Connection or Authoriser.
    7. As pixevety only provides the tools to assist Account Holders in relation to the use of Content, pixevety cannot be held responsible if an Account Holder, Connection or Authoriser does not comply with the wishes of another Account Holder, Connection or Authoriser. You indemnify and keep indemnified pixevety for any loss, costs or damage suffered or incurred by pixevety arising in relation to your failure to comply with another Account Holder’s, a Connection’s or an Authoriser’s preferences communicated to you under the applicable Consent Management Module.
    8. We may temporarily or permanently remove any Content if we form the view that it breaches these Terms. Should you have any concerns that particular Content breaches these Terms, you may ‘flag’ that Content, and provide a reason and this is a request to the Account Holder to delete or restrict access to the offending Content. In the event that there is a dispute between yourself and the Account Holder, you may contact us. We may contact either the Account Holder or the Connection who marked the Content with the ‘flag’ at our sole discretion. Our determination in relation to whether Content breaches these Terms is final.
    9. At all times, you may override the Content settings of any Content that you own or control, however, we are not responsible for any consequences to you, another Account Holder, Connection, Authoriser or Member if you do so.
  6. Subscription Plans
    1. pixevety provides a variety of Subscription Plans. A description of each Subscription Plan and associated Subscription Fees is available here. By purchasing a Subscription Plan you must:
      1. pay all associated Subscription Fees and other charges;
      2. not transfer or assign your Subscription Plan to anyone else.
    2. All Subscription Plans are annual plans that provide you access to subscription services for 12 months. Subscription Fees are payable in advance and will renew automatically on the anniversary of your subscription.
    3. You may choose to pay your annual Subscription Plan monthly at a higher fee and you will be charged that fee each month for a period of 12 months. You agree that the credit card or other designated payment method you provided to us will be billed with the applicable Subscription Fee (and the additional fee for the monthly payment) on a billing date as designated by us and communicated to you at the time you purchase a Subscription Plan. Refunds are only issued to you if required by law. You may cancel your Subscription Plan at any time by sending an email to us providing clear written notice of such a request or by cancelling your Account in your Account settings. If you cancel your Subscription Plan, your Account will terminate on the immediately following anniversary of your subscription to your Subscription Plan.
    4. You may choose to add additional functionality to your Subscription Plan at any time, and if you do so, you will be billed the difference in price, pro-rated for the remainder of your Subscription Plan. There are some limitations on the add-on you can seek, depending on whether you are an individual or organisational Account Holder.
    5. You may change your payment information in your Account settings. It is solely your responsibility to keep your payment information up-to-date. If your payment information cannot be billed when at the due date for payment, then we may freeze or terminate your Subscription Plan or Account for non-payment. We will provide reasonable notice to you via the email address associated with your Account prior to freezing or terminating your Subscription Plan or Account for non-payment. We cannot guarantee that you will receive notice of the termination of your Account if the email you have provided us with is not active. If your Subscription Plan or Account is terminated, your access to our Platform and Services, and any of your Content on our Platform will be blocked for non-payment and we will permanently delete your Account and all Content 30 days after the immediately following anniversary of your subscription to your Subscription Plan, after which it cannot be re-activated.
    6. pixevety may offer you one or more Subscription Services on a free trial basis. The duration of your free trial will be specified by pixevety at the time of your registration for such a free trial. You must provide pixevety with payment information at the time you sign up for your free trial, however, no charges will be made using your Payment Information unless you decide to purchase a Subscription Plan at the conclusion of your Free Trial, at which time the Subscription Fee will be charged using your Payment Information.
    7. Where access to one or more Subscription Services is offered on a free trial basis:
      1. pixevety may interrupt, suspend or terminate the free trial for any reason without notice;
      2. your use of the Platform and Services is at your own risk; and
      3. you assume all risk and responsibility for any costs, loss or damage resulting directly or indirectly from your use of the Platform and Services during the free trial period.
    8. pixevety may, not more than once annually, vary the Subscription Fees and your sole remedy if you disagree with such changes is to cancel your Subscription Services.
    9. At any time pixevety may update, vary, modify or cancel the Subscription Services upon providing reasonable notice to you. If we cancel the Subscription Services your Subscription Plan will terminate and we will have no further liability to you.
  7. Purchasing Content
    1. As an Account Holder, you may specify whether or not Connections can purchase Content in your Galleries, in which case additional terms and conditions will apply.
    2. As a Connection, where permitted by the Account Holder, you may:
      1. purchase digital Content from us that has been licensed to us by an Account Holder, which digital Content may be subject to such licences and restrictions as nominated by the owner of that Content; and
      2. request additional services to create tangible products (Products) in relation to that purchased digital Content,

      subject to additional terms and conditions that will be provided to you prior to your purchase of the selected Content and Products.

    3. You acknowledge and agree that the colour, depth and clarity and look of the image you see the Platform will not necessarily be the same when reproduced on your device or intangible form due to a number of different factors, including image resolution, printing process, ink quality, colour palette, colour conversion process, and surface of the tangible item on which the digital image is reproduced. You take all risk in relation to the application of the digital image to a tangible product, and we are not responsible to you or any third party for any change in the appearance of the digital image once it has been applied to a tangible object.
  8. Vouchers
    1. Account Holders can buy vouchers on our platform and in return for payment will be issued with a voucher code(s) (and in some circumstances a voucher certificate(s) with a code) and a defined value that can be redeemed on our website to pay for subscriptions or products.
    2. Vouchers are considered a cash equivalent and represent a liability by pixevety to the Voucher holder until fully redeemed.
    3. Vouchers are non-refundable in the event of loss or misappropriation.
    4. Vouchers may be used by the Account Holder or sent to third parties (e.g. as gifts) for redemption on the pixevety Platform only.
    5. Vouchers may only be used once if the Voucher amount is fully redeemed but may be redeemed multiple times if there is a surplus after each redemption.
    6. The Voucher balance remaining after each redemption will be tracked on our platform and can be redeemed on the provision of the Voucher code, providing a balance remains.
    7. Each Voucher has a limited life of 12 months from the date of issuance.
  9. Fair Use Policy
    1. Excess use occurs where you and/or individuals accessing your Content on our Platform either view or download a volume of Content that is more than twice the level of storage included in your Subscription Plan in any one month (Excess Use).
    2. Unreasonable use occurs where your access to the Platform, or any other person’s access to your Content, adversely affects the Platform, our network, or the ability of others to use the Platform or our network, as determined by us (Unreasonable Use).
    3. If we form the view that you (or a person who accesses your Content) has engaged in any Excess Use or Unreasonable Use, we may:
      1. contact you to discuss the Excess Use or Unreasonable Use;
      2. without notice to you, suspend your access to the Platform; and/or
      3. without notice to you, terminate your Account.
  10. Intellectual Property
    1. You own (or are the permitted licensee of) any Content that you submit to the Platform, but give:
      1. Connections such rights in accordance with any preferences that you have accepted or otherwise requested, including any relevant media policy or through a Consent Management Module; and
      2. us a worldwide, non-exclusive, royalty-free sub-license and transferable licence to host such Content and to use such Content as is reasonably necessary in order to enable pixevety to provide the Services, including to display the Content on the Platform.
    2. You must not copy, modify, distribute, prepare derivative works of, display, publish, or adopt any Content on the Platform without obtaining the prior written consent of the owner of that Content.
    3. You acknowledge that pixevety is the exclusive owner or licensee of, and retains all rights, title and interest to all intellectual property rights (whether registered or not), in the Platform.
  11. Third Party Services
    1. pixevety may make third-party content and services available on or through the Services. If you choose to engage with any third party service provider, pixevety is not a party to the agreement and the agreement will be directly between you and that third party service provider.
    2. We make no representation or warranty as to third-party service providers.
    3. Some areas of the Platform and some types of services may have additional terms and conditions. Where additional terms apply, we will make them available for you to read. By using those areas of the Platform or those services, you agree to the additional terms.
    4. The Platform may contain links to sites not owned or operated by pixevety. These are not referrals, sponsorships, or endorsements of the linked sites by pixevety. We are not responsible for the contents of any linked websites. You should familiarise yourself with the terms and conditions and privacy policy of any site to which you link.
  12. Support, Backup and Data Breach
    1. The level of technical support depends on your Subscription Plan. pixevety only provides live chat support as part of a paid Subscription Plan. Only organisations (and not individuals) may purchase phone support. All Account Holders have access to the online help desk centre and FAQs.
    2. While we have implemented commercially reasonable technical and organisational measures designed to secure the Content from misuse, interference, loss and unauthorised access, modification or disclosure, you are solely responsible for creating and maintaining backup copies of your Content.
    3. We will:
      1. promptly notify any Gallery administrator in writing if we suffer a data breach in relation to any personal information contained in Content located in the Gallery of which you are the administrator;
      2. promptly assist and cooperate with that Gallery administrator to assess the data breach to determine whether or not it is an eligible data breach in accordance with applicable legislation; and
      3. not contact any applicable regulatory authority, the Members of the Gallery which you administer or any other third party in relation to the data breach without prior consent from you as a Gallery administrator, unless you (as a Gallery administrator) fail to take reasonable steps to demonstrate to us that you are complying with your data breach obligations (if any) under the applicable legislation within 10 days of receiving written notice from us requiring you to do so.
  13. Dispute Resolution
    1. If you have a complaint about the Platform or the Services please email info@pixevety.com. You must attempt to resolve any dispute with us in good faith, prior to commencing any form of litigation or legal proceedings.
  14. Termination
    1. We may terminate or suspend your use of the Platform and/or your Account where you have, or we reasonably suspect that you may have, breached any of the Terms, or where required by law.
    2. You may choose to terminate your obligations under these Terms at any time by cancelling your Account by emailing privacy@pixevety.com.
    3. We will permanently delete your Account and all Content 30 days after the immediately following anniversary of your subscription to your Subscription Plan or, if you do not have a Subscription Plan, 30 days after the termination of your Account. Upon request from you, pixevety will download your Content in the format agreed with pixevety during this 30 day period for a fee notified to you upon enquiry.
    4. Any licence to Content that you have granted to us under these Terms will terminate 30 days after the immediately following anniversary of your subscription to your Subscription Plan, or if you do not have a Subscription Plan, 30 days after termination of your Account.
    5. We will notify you in writing if we suffer an insolvency event, and will use our reasonable commercial endeavours to ensure that the Platform remains available for 2 consecutive months after the insolvency event.  It is your responsibility to copy or remove your Content from the Platform during this period although upon written request from you pixevety may at its sole discretion download your Content in an agreed format during this period for a fee notified to you upon enquiry.  We do not make any warranty or representation that your Content will be available to you after this period.
    6. Unless otherwise agreed with us or stated in these Terms, we are not liable to you or any third party for any damages, liabilities, losses that an Account Holder, Member, Authoriser or Connection or any other third party may incur, as a result of any termination or suspension of your access to the Platform, use of the Services or your Account under these Terms.
    7. Any terms which by their nature should continue to apply will survive any termination or expiration of these Terms.
  15. Indemnity
    1. You indemnify and will keep indemnified pixevety against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
      1. your use of or access to the Platform or the Services;
      2. any failure by you to comply with a warranty you have given;
      3. any failure by you to comply with these Terms; or
      4. any wilful, unlawful or negligent act or omission by you or any third party who obtained access to the Platform or Services through you.
  16. Limitation of Liability
    1. To the extent permitted by law:
      1. the Platform is provided “as is”;
      2. pixevety does not guarantee, warrant or represent that the Platform or the Services will meet your requirements, be fit for purpose, or be free from, without limitation, interruption, loss, corruption, technologically harmful material, errors, or omissions; and
      3. pixevety excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) and the application or availability of any statutory rights.
    2. Nothing in these Terms is intended to exclude, restrict or modify any rights that you may have under the Competition and Consumer Act 2010 (Cth) (CCA) including without limitation the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. What constitutes a ‘consumer’, ‘major failure’ and ‘acceptable quality’ is set out in the Australian Consumer Law.
    3. To the extent permitted by applicable law, pixevety will have no liability to you for any interruption, suspension, discontinuance or unavailability of the Services for any reason, or for any loss or inability to access any media or materials on the Services.
    4. To the extent permitted by applicable law, pixevety will not be liable to you or any third party for any direct, indirect, incidental, punitive, special or consequential loss, damage or claim including loss of profits or data; loss of goodwill; damage to reputation; loss of revenue, contract, business or anticipated savings;
    5. If we are not able to exclude liability, to the extent permitted by law our aggregate liability for all claims relating to the Platform and the Services will not exceed the amount paid by you to pixevety for the Services the subject of the claim.
  17. General
    1. If any part of the Terms is unenforceable the enforceability of any other part of the Terms will not be affected. All other terms will remain in full force and effect.
    2. No agency, partnership, joint venture, employee-employer or other similar relationship is created under these Terms. In particular, you have no authority to bind pixevety, its related entities or affiliates in any way whatsoever.
    3. No waiver of any term of this Terms will be deemed a further or continuing waiver of that term or any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of that right or provision
    4. These Terms may be assigned or novated by us to a third party without your consent. In the event of an assignment or novation, you will remain bound by these Terms.
    5. The use of “including”, “such as” and similar words or phrases are not words or phrases of limitation.
    6. These Terms are to be construed in accordance with the laws of New South Wales, Australia, and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

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